Woman says company didn't clean up black mold in apartment

By Kyla Asbury | Mar 18, 2015

CHARLESTON – A woman is using Encore Management after she claims black mold began growing in her apartment and the company failed to remedy the problem.

Perkins Parke Limited Partnership was also named as a defendant in the suit.

In May 2008, Misty M. Thompson leased an apartment through the defendants, where she and her two children lived, according to a complaint filed Jan. 15 in Kanawha Circuit Court.

On Nov. 25, Thompson noticed water streaming through her bathroom wall, apparently coming from the adjacent rental unit and the water began accumulating and continued to do so until Dec. 1, when black mold began to appear in various parts of the unit.

Thompson claims she complained to the property manager when she first noticed the water, but no one was sent to investigate the complaint for at least eight hours, during which time the water continued to flow from the broken water pipe.

No action was taken to repair the pipe until Nov. 30 and no attempt at clean up was made until Dec. 1, according to the suit.

Thompson claims the defendants failed to adequately repair the water leakage and remedy the damages to the unit.

The plaintiff was forced to vacate the premises and suffered damages in excess of $5,000, according to the suit.

Thompson is seeking compensatory and punitive damages. She is being represented by Michael T. Clifford and Richelle K. Garlow.

The case is assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 15-C-67


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